重油、原油购买合同（进出口）(3)

Sales & Purchase Agreement between xxxxxxxxxx Contract No: Seller’s Transaction Code: Buyer’s Transaction Code: Date: in any case may claim direct damages for the breach of this contract from the other party, to the extent allowed by the terms and conditions set forth herein.

除了上文条款11 “免责声明”外，在卖方或者买方(非执行政府)失败的情况下须遵照以下假设条件，对于没有提供任何其它意见的，可考虑终止合

13.2 In case the seller delays delivery of the goods according to the schedule agreed and authorized by both parties (and set out in appendix 3) the seller will pay to the buyer compensation at the rate of 0.1% from the undelivered goods cost for each delayed day, but which in total shall not exceed 5% (five percent) of the value/price of undelivered goods lot. The payment of such compensation does not exempt the seller from the fulfillment of its obligations.

为防止卖方延迟，在发生延迟时卖方需向买方以0.1%的比率赔偿延迟发货耗费，但总计不超过未发货货的5%。实现其责任。（参看附件3）

13.3 In case the buyer delays payment according to payment terms agreed and authorized by both parties, the buyer will pay the seller compensation at the rate of 0.1% of the unpaid amount per each day of delay, but which in total shall not exceed 5% (five percent) of the unpaid amount. Payment of such compensation does not exempt the buyer from fulfillment of its obligations.

为防止买方延迟付款，买方将以每天根据未付金额0.1%的比率向卖方支付补偿，但总计不超过未支付金额的5%。这项补偿不免除买方实现其

13.4 Failure by either party to take action against the other in case of the other party’s non-compliance with obligations or conditions set forth within this contract shall not be interpreted as a waiver to take action for a subsequent non-compliance with the same or other obligations or conditions.

另一方在不遵从合同责任的情况下采取行动对其它的政府或者在这份合同之内阐明的条件内不作解释放弃合同，将视为违约。

13.5 The buyer warrants that the product will not be traded directly or indirectly with or to any nation, entity or destination prohibited by the United Nations.

买方不允许产品间接经过或交换到任何被联合国禁止的国家、实体或者目的地。

14. ARBITRATION 仲裁

14.1 During loading of the tanker, arbitration samples are to be taken from the auto sampler or flow meter. Sampling should be performed according to the standard procedure currently accepted in Russia. Samples thus taken shall be thoroughly mixed, put into bottles and sealed.

在装载油轮期间，需附带抽样样品检验报告或者流量表。取样应该根据当前在俄罗斯的标准程序执行。抽样结果将被密封混合到瓶中。

14.2 One part of these samples filled into not less than two bottles and sealed by seller or their appointed representative, is to be placed on board the tanker under the care of the captain for delivery to the buyer or their nominated representative at the discharge port. The other part of the same samples, filled into not less than two bottles, is sealed by the Captain and delivered to the seller.

这些抽样的一部分将装满少于两个瓶子发送到卖方的指定代表，经过检验后同样抽样的其他部分将被密封并且被传送给卖方。

14.3 The taken samples shall be considered as the only samples for arbitration. If loading was made under the observance of the independent inspection, samples taken by this inspector shall be considered as arbitration samples.

所取抽样是公断的唯一抽样。如果装载遵循独立检验标准，下面的抽样将作为公断抽样。

14.4 Both parties shall keep these samples within the duration of this contract, and in case of claims – till moment of settlement.

将在合同期内保存此抽样。

14.5 All disputes arising in connection with the present contact shall be settled in an amicable way firstly. Should no agreement be reached by the parties, then the case shall be brought for final settlement under rules of conciliation and arbitration of the international chamber of commerce by one or more arbitrators in accordance with the said rules.

Page 11 of 29 Seller Initial Buyer Initial Sales & Purchase Agreement between xxxxxxxxxx Contract No: Seller’s Transaction Code: Buyer’s Transaction Code: Date: 所有因执行本合同产生的争议应通过友好协商解决。协商不成，可以提交国际商务仲裁院根据规则仲裁。仲裁员将指定一名或多名仲裁员来仲裁。

14.6 Each party shall appoint one arbitrator, nothing in this agreement shall be construed to prevent any court having jurisdiction from issuing injunctions, attachment orders or orders for other similar relief in aid of any arbitration commenced (or to be commenced) pursuant to the section. Judgment upon the award rendered by the arbitrator(s) could be entered in the court having jurisdiction hereof.

双方可以指派一名仲裁员轮流作为第三仲裁员。仲裁员的仲裁不受合同任何条款的约束。

14.7 Neither party shall fail to comply in a timely way with the obligations of this part to be performed pursuant to this contract although a dispute has arisen and proceeded to arbitration. 即使因为争议已提请仲裁，任何一方也不允许不履行合同义务。

14.8 Findings as assessed by the designated third arbitrator, without any possibility of recourse, will be final and binding on both parties.

由第三仲裁员作出的仲裁结果应视为终裁，不允许上诉，对双方均有约束力。

14.9 If BUYER fails to OPEN Pre-advice LPG OR RDLC OR BG ICC458 swift by MT799 after signing the contract within 7 working days, amount to the contracted XXXXXXXMT monthly delivery value then buyer has to pay 2% of the total amount of invoice as Seller’s compensation.

如果签约后7工作天函(MT799) or 預開循环信用证(MT799) 或保函(MT799)速遞XXXXXXX吨总金的2%作为卖方的补偿。

15. SPECIAL CONDITIONS 特别条款

15.1 Buyer warrants that it has exerted and shall continue to exert its best efforts to avoid …… 此处隐藏：7495字，全部文档内容请下载后查看。喜欢就下载吧 ……